Clients often come to us in distress after facing unexpected terminations from their jobs. In many cases, they lack substantial evidence to support their claims. It’s a common scenario in employment law, where cases often hinge on the strength of the evidence at hand. Whether you’re facing wrongful termination, workplace discrimination, or wage disputes, the quality and quantity of evidence you can gather will often determine the success of your case. In this blog, we’ll explore how to build a robust employment law case, even when evidence is limited, to ensure that your rights are upheld and justice prevails.
1. Document Everything
Detailed documentation is your best friend. Keep records of all relevant communication, incidents, emails, text messages, performance evaluations, and any other evidence that supports your case. This paper trail can be invaluable. If possible, make your records as soon as an interaction or incident occurs. Doing so will help you easily recall important facts and details that you may forget overtime. You can keep track of these things in a word document and make sure to also include the date of the incidents. This will make it easier to present a timeline if you end up needing to hire an attorney.
2. Preserve Evidence
Ensure that all evidence, whether in physical or digital form, is properly preserved. Don’t delete any emails, texts, or documents that may be relevant to your case. Send any work email communications to your personal or print them out and keep them in a safe spot. If you are terminated, your company may immediately restrict your access to company email or servers and you won’t be able to retrieve anything. To avoid this problem, back up and secure evidence as you acquire it. However, if you have signed a non-disclosure or other confidentiality agreement, make sure you review it and do not save anything that could violate that agreement.
3. Identify Witnesses
If there were witnesses to the events or actions at the heart of your case, collect their contact information and request their cooperation in providing statements or testifying on your behalf. Make sure you include these witnesses on any requests to Human Resources or similar department if you are asking the company to investigate discrimination and/or harassment claims.
4. Maintain Professional Conduct
Even in the face of adversity, maintain professionalism in all your interactions. Remember that your conduct can have a significant impact on the outcome of your case. In fact, demonstrating professionalism not only strengthens your credibility, it also reflects positively on your character. Both of which can be a critical factor in your case.
5. Review Company Policies
Thoroughly review your employer’s policies and procedures, as well as your employment contract, with your attorney. Analyzing these documents can help identify any potential violations, inconsistencies, or breaches that may be central to your case, especially in an unpaid wage claim. Understanding the intricacies of your employment terms can give you a strategic advantage when building your legal argument.
6. Understand Your Rights
Next, familiarize yourself with federal and state employment laws that pertain to your situation. Knowing your rights and the relevant statutes is essential in building a strong case. Our employment blogs are a good place to start. We have blogs that breakdown some of the more common employee protection statutes and claims that fall under those protections.
7. Timely Action
Perhaps most importantly, act promptly. Many employment law claims have statutes of limitations, which means there is a time limit within which you must file your case. For example, almost all discrimination cases are required to first go through the EEOC Complaint process before a lawsuit can be filed. It is extremely difficult to pursue a claim after a missed deadline. Further, if you have been through the EEOC Complaint process and a “right to sue” letter has been issued, your time to act is reduced to around ninety days. It is important that you let your attorney know the date that you received such a letter to ensure that no deadlines are missed.
8. Consult an Attorney
Lastly, employment law is complex, and having an experienced attorney by your side is often the most critical factor in building a strong case. They can guide you through the process and ensure that all legal requirements are met. Contact one of our experienced employment attorneys today for a free consultation!
Conclusion
Remember, building a strong employment law case takes time and careful preparation and the process can appear difficult. However, with the right approach and professional guidance, you can seek justice and protect your rights effectively. If you believe you have a valid employment law case, don’t hesitate to consult with one of our experienced employment law attorneys. We’re available to help you navigate the legal complexities and build a compelling case on your behalf.
